Intellectual Property Protection and Procedure in Case of Infringement
Basically there are different possibilities for an owner also called the intellectual author of an idea or a work piece to protect his property rights. This can be done on the one hand through so-called industrial property rights, through patents and utility models, brands, designs and on the other hand through trade secrets but also through copyright and related property rights.
The theft of photos, texts, graphics and other creative creations or ideas is prohibited. Intellectual property owners therefore have the legal right to injunctive relief and compensation. How this is to be quantified depends on the severity of the violation, the duration of the maintenance of the illegal status and the type of use / distribution (private or commercial). In principle, the person / company who illegally claims, uses, disseminates or multiplies third-party property without explicitly naming the creator of the work, i.e. the author, receives a legal warning combined with a declaration of cease and desist with criminal liability.He is obliged to stop using it immediately, otherwise high fines are threatened. Your lawyer will also check whether the beneficiary of the intellectual property has already made himself liable for damages and has to pay a certain amount of money to the author. This is generally done in out of court procedures. This variant should always be chosen in advance as it is cheaper on the one hand but can also lead to an agreement and settlement of the dispute in many cases. An amicable settlement especially in business transactions is therefore always highly recommended.
In the event that the opposing party neither neglects to continue the situation in an unlawful manner nor appears to be reasonable the claim can and should also be enforced as a claim in court. If the author and applicant then receives a German title that is enforceable, i.e. can be acceded by foreclosure measures this title is by the way enforceable throughout the European Union without any additional recognition process. In non-European countries in which the debtor is resident or has the place of business, e.g. in the US, an additional recognition procedure for enforcing the German title is required.